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High Court of KeralaWP(C)/13062/2015disposed of

Sree Narayana Vidyapeetam Educational Trust v. The City Commissioner Of Police

2015-05-26Honourable Mr.Justice A.M.Shaffique,Honourable The Chief Justice Mr.Ashok Bhushan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE TUESDAY, THE 26TH DAY OF MAY 2015/5TH JYAISHTA, 1937 WP(C).No. 13062 of 2015 (G) ---------------------------- PETITIONER(S) :- ------------------ SREE NARAYANA VIDYAPEETAM EDUCATIONAL TRUST, KANNARA P.O, THRISSUR, REPRESENTED BY ITS SECRETARY RADHAKRISHNAN C., AGED 55 YEARS, S/O. KURUPPAKUTTY, 27/581-1, PEROTH HOUSE, CO-OPERATIVE ROAD, CHEMBUKAVU, THRISSUR.

BY ADV. SRI.T.M.ABDUL LATHEEF RESPONDENT(S) :- ------------------

1. THE CITY COMMISSIONER OF POLICE, THRISSUR - 680 001.

2. THE CIRCLE INSPECTOR OF POLICE, OLLUR, THRISSUR - 680 306.

3. THE SUB INSPECTOR OF POLICE, PATTIKADU, THRISUR - 680 652.

4. HEADLOAD WORKES UNION (INTUC), VAZHAKKUMPARA, VARIAYATHKADU, THRISSUR - 680 652 REPRESENTED BY THE UNION LEADER JOY THACHANAL.

5. HEADLOAD WORKERS UNION (CITU) VAZHAKKUMPARA, VARIYATHKADU, THRISSUR - 680 652 REPRESENTED BY THE UNION LEADER JOHNY VATTEKUNNIL. Addl.6. HEADLOAD WORKERS' WELFARE FUND BOARD S.R.M ROAD, ERNAKULAM, COCHIN - 18 REPRESENTED BY ITS CHAIRMAN.

ADDL.R6 IS SUO MOTU IMPLEADED AS PER ORDER DATED 24.04.2015. ADDL.R6 BY ADV. SRI.C.S. AJITH PRAKASH, SC, KHWWB R4 & R5 BY ADV. SRI.V.P.PRASAD SRI.K.R.RAJKUMAR R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.C.R.SYAMKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 13062 of 2015 (G) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS :- ---------------------------- EXHIBIT-P1-TRUE COPY OF THE BUILDING PERMIT NO.994/13-14 DATED 27/03/2014 ISSUED BY THE PANANCHERY GRAMA PANCHAYATH. EXHIBIT-P2-TRUE COPY OF THE BUILDING PLAN.

EXHIBIT-P3-TRUE COPY OF THE AFFIDAVIT DATED 13/04/2015. EXHIBIT-P4-TRUE COPY OF THE PETITION DATED 18/04/2015 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT-P5-TRUE COPY OF THE PETITION DATED 22/04/2015 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT.

RESPONDENT(S)' EXHIBITS :- --------------------------- EXHIBIT-R4(a) : TRUE COPY OF WAGE SCHEDULE DT.24/01/2014 OF THE DLO, THRISSUR.

EXHIBIT-R4(b) : TRUE COPY OF THE COMPLAINT DATED 4/5/2015. //TRUE COPY// P.A. TO JUDGE

ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.

---------------------------------- W.P.(C) No.13062 of 2015 -------------------------------------- Dated this the 26th day of May 2015

J U D G M E N T

Ashok Bhushan, CJ Heard the learned counsel for the petitioner, the learned counsel appearing for respondent Nos.4 and 5 and the learned Standing Counsel appearing for additional 6th respondent. 2.

By this writ petition, the petitioner has prayed for a mandamus commanding respondents 1 to 3 to give sufficient police protection to the petitioner and the workers employed by him for carrying out unloading of materials brought for the purpose of college building construction and also for other works in connection with the running of the college. 3.

Petitioner's case in the writ petition is that the area is not a scheme covered area. The learned counsel appearing for the respondents also does not dispute the said submission. Learned counsel for the petitioner submits that respondents 4 and 5 are creating obstruction in carrying out construction work. It is submitted that this Court has already passed an interim order on 12.5.2015 directing the respondents 2 and 3 to afford adequate

W.P.(C) No.13062 of 2015 -: 2 :- police protection for doing the loading and unloading works at the petitioner's site, by engaging workers of their own choice. 4.

Learned counsel appearing for respondents 4 and 5 would submit that with regard to wages, a complaint has already been submitted before the District Labour Officer, a copy of which is produced as Ext.R4(b), which is pending consideration. 5.

Be that as it may, the respondents are free to agitate their claim, if any, before the District Labour Officer. Till a final decision is taken in the complaint, the petitioner is free to get their work being done by engaging their own workers. In the above view of the matter, this writ petition is disposed of directing respondents 2 and 3 to afford adequate protection in the matter relating to carrying out unloading of materials brought for the purpose of college building construction by engaging petitioner's own workers.

Sd/- ASHOK BHUSHAN CHIEF JUSTICE Sd/- A.M. SHAFFIQUE J UDGE Jvt